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ORD 2002-41 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2002 - 41 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 16.0 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF T. W. KING ROAD AND SOUTH OF HANNA COURT AND JAMIE COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FROM ITS CURRENT ZONING OF "CG" COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT NO. 25, TROPHY WOOD CENTER, WITH MIXED USES INCLUDING RETAIL USES, RETAIL AND HOTEL USES AND OFFICE USES; PROVIDING THAT THE 16.0 ACRE TRACT OF LAND SHALL BE DIVIDED INTO NINE (9) SEPARATE TRACTS WITH 1VII.XED USES AS FOLLOWS: TRACT 1 (APPROXIMATELY 1.1 ACRES), TRACT 2 (APPROXIMATELY 0.9 ACRES), TRACT 3 (APPROXIMATELY 1.6 ACRES), TRACT 4 (APPROXIMATELY 1.5 ACRES), AND TRACT 8 (APPROXIMATELY 2.2 ACRES) FOR RETAIL USES; TRACT 5 (APPROXIMATELY 2.0 ACRES), TRACT 7 (APPROXIMATELY 1.8 ACRES), AND TRACT 9 (APPROXIMATELY 2.4 ACRES) FOR RETAIL AND HOTEL USES; AND TRACT 6 (APPROXIMATELY IA ACRES) FOR OFFICE USES; PROVIDING THAT THE USES ALLOWED ON SUCH TRACT OF LAND SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THIS ORDINANCE ADOPTING PD PLANNED DEVELOPMENT DISTRICT NO. 25, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN, PROVIDING DEVELOPMENT STANDARDS; REQUIRING SUBSEQUENT TOWN APPROVAL OF A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, CIVIL SITE PLANS, PHOTOMETRIC PLAN AND LIGHT FIXTURES, SIGN CRITERIA, DEVELOPMENT SCHEDULES FOR THE INDIVIDUAL TRACTS AND THE ENTIRE TRACT AND OTHER REQUIREMENTS APPLICABLE TO PD PLANNED DEVELOPMENT DISTRICT NO. 25; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH 1 OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVING AND EFFECTIVE DATE. WHEREAS, the owner of the tracts of land, collectively described as a 16.0 acre tract of Iand currently zoned "CG" Commercial General, such Land being more specifically described in Exhibit "A" attached hereto and incorporated herein, (the "Land"), filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land into PD Planned Development No. 25, Trophy Wood Center, with mixed uses including retail uses, retail and hotel uses and office uses, with Tract 1 consisting of approximately 1.1 acres of land, Tract 2 consisting of approximately 09 acres of land, Tract 3 consisting of approximately 1.55 acres of land, Tract 4 consisting of approximately 1.5 acres of land, and Tract 8 consisting of approximately 2.2 acres of land, for retail uses; Tract 5 consisting of approximately 2.0 acres of land, Tract 7 consisting of approximately 1.8 acres of land, and Tract 9 consisting of approximately 2.8 acres of land, for retail and hotel uses; and Tract 6 consisting of approximately 1.0 acres of land for office uses. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS. 0 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, more particularly described in Exhibit "A", attached hereto and incorporated herein, is hereby changed from "CG" Commercial General to PD Planned Development District No. 25, with Tract 1 consisting of approximately 1.1 acres of land, Tract 2 consisting of approximately 0.9 acres of land, Tract 3 consisting of approximately 1.55 acres of land, Tract 4 consisting of approximately 1.5 acres of land, Tract 5 consisting of approximately 2.0 acres of land, Tract 6 consisting of approximately 1.0 acres of land, Tract 7 consisting of approximately 1.8 acres of Iand, Tract 8 consisting of approximately 2.2 acres of land, and Tract 9 consisting of approximately 2.8 acres of land, for use in accordance with the requirements of this Ordinance and all other applicable ordinances, rules, and regulations of the Town. Requirements of this Ordinance are more specifically described and set forth in Exhibits "B" and "C", which are attached hereto and incorporated herein for all purposes, and shall apply to all Tracts of PD Planned Development No. 25 unless otherwise specified in such Exhibits. In the event of any ambiguities or conflicts between the written word in the Development Standards and the illustrations provided in the Exhibits to this ordinance, the Exhibits shall control. 1. Concept Plan. A Concept Plan for the Land, and all parts thereof, is attached hereto as Exhibit `B", "Concept Plan" and incorporated herein as if copied in its entirety. The Final Site Plan subsequently approved by Town Council shall be adhered to in carrying out the development of the land and compliance with each and every part of such Final Site Plan shall 3 constitute a condition precedent to the issuance of any building permit for the land in this PD Planned Development District. 2. Development Standards. The development standards for this PD Planned Development are attached hereto as Exhibit "C", "Development Standards", and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, a general purpose; size of tracts; uses generally; permitted uses; limitation of uses; area, building and site regulations; parking and loading regulations; landscaping requirements and tree preservation; hours of operation of uses; building material requirements; lighting; screening and fences; signs; fire lanes; final site plan requirements; outdoor storage; mechanical and electrical equipment requirements; and amendments to the site plan. Such Development Standards shall be adhered to in carrying out the development of the land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the granting of any Certificate of Occupancy for all structures within PD Planned Development No. 25. 3. The following additional development standards shall be subject to subsequent Town approval and such approval by Town shall be a condition precedent to the issuance of any permits, authorization, or approval by the Town allowing construction of improvements upon the Land: a. Landscape Plan & Plant List; b. Building Elevations; c. Site Line Studies; d. Civil Site Plan; e. Photometric Plan and Light Fixtures; f. Sign Criteria; g. Retaining Wall and Fence Criteria; and h. Development Schedule. SECTION 4. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, except as specifically provided herein. SECTION 5. 4 ZONING MAP The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION 6. CUMULATIVE That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION S. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 10. R PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.012 of the Texas Local Government Code, SECTION 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 2nd day of December, 2002. Z--,- ) __ Town of Trophy Club, Texas ATTES . Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FE T n Attorney Town of Trophy Club, Texas G EXHIBIT "A" LEGAL DESCRIPTION Being a tract of land situated in the W. MEDLIN SURVEY, ABSTRACT NO. 1588 and the J. HENRY SURVEY, ABSTRACT NO. 528, Denton County, Texas and being a portion of a 307.91 acre tract of land described in a deed as recorded in Volume 676, Page 153, of the Deed Records, Denton County, Texas and being more particularly described as follows: COMMENCING from a point from which a brass cap monument found bears South 531, 27' 47" West, a distance of 0.41 feet, said point being in the northeast right-of-way line of STATE HIGHWAY 114, (variable width right-of-way); THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way), North 49° 55' 16" West, a distance of 278.77 feet to a point in the beginning of a curve to the left, said curve having a radius of 3839.72 feet and a chord bearing North 45' 41' 12" West, a distance of 1.86 feet; THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way) and along said curve to the left, through a central angle of 00" 01' 40" and an arc length of 1.86 feet, to an aluminum disk found marked D.O.T.T.O., for the POINT OF BEGINNING, said aluminum disk being the beginning of a curve to the left, said curve having a radius of 3839.72 feet and a chord bearing of North 470 59' 27" West, a distance of 306.85 feet; THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way) and along said curve to the left, through a central angle of 04" 34' 48" and an arc length of 306.94 feet, to a 518 inch iron rod found for corner, said iron rod being the beginning of a curve to the left, said curve having a radius of 2884.79 feet and a chord bearing North 530 03'29" West, a distance of 251.58 feet; THENCE, along said curve to the left, through a central angle of 04" 59' 54" and an arc length of 251.66 feet to a Brass Monument found for corner in said northeast right-of- way line of STATE HIGHWAY NO. 114, (variable width right-of-way), said Brass Monument being the beginning of a curve to the left, said curve having a radius of 1959.86 feet and a chord bearing North 540 31'3B" West, a distance of 173.50 feet; THENCE, along said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way) and along said curve to the left, through a central angle of 05" 04' 26" and an arc length of 173.56 feet, to a 518 inch iron rod with cap marked HUTT ZOLLARD, found for corner, said iron rod being the beginning of a curve to the right, said curve having a radius of 586.27 feet and a chord bearing North 34" 38' 27" East, a distance of 615.96 feet; THENCE, departing said northeast right-of-way line of STATE HIGHWAY NO. 114, (variable width right-of-way), along said curve to the right, through a central angle of 63" 22' 46", at 478.31 feet, passing a 518 inch iron rod found with cap marked CARTER & BURGESS and a 487.72 feet, passing a 518 inch iron rod found with cap marked CARTER & BURGESS, continuing for a total arc length of 648.52 feet, to a 112 inch iron rod set for corner; PD -25 THENCE, North 660 26' 10" East, at 18.11 feet, passing a 518 inch iron rod found with cap marked CARTER & BURGESS and continuing for a total distance of 38.27 feet, to a 112 inch iron rod set for corner; THENCE, South 80° 49' 52" East, a distance of 186.85 feet to a 112 inch iron rod found for corner, said iron rod being the beginning of a curve to the right, said curve having a radius of 540.0 feet and a chord bearing North 210 51' 34" East, a distance of 57.16 feet; THENCE, along said curve to the right, through a central angle of 060 04' 02" and an arc length of 57.18 feet, to a 112 inch iron rod found for corner; THENCE, North 24° 53' 35" East, a distance of 49.43 feet to a 112 inch iron rod set for corner in the westerly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of- way), said iron rod being the beginning of a curve to the left, said curve having a radius of 1010.00 feet and a chord bearing South 46" 58' 12" East, a distance of 84.18 feet; THENCE, departing said westerly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of-way), along said curve to the left, through a central angle of 04° 46' 37" and an arc length of 84.21 feet, to a 112 inch iron rod set for corner in the easterly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of-way); THENCE, departing said easterly right-of-way line of TROPHY WOOD DRIVE, (80 feet, right-of-way), South 240 53' 35" West, a distance of 23.22 feet, to a 1/2 inch iron rod set for corner, said iron rod being the beginning of a curve to the left, said curve having a radius of 460.00 feet and a chord bearing South 21" 51' 34" West, a distance of 48.69 feet; THENCE, along said curve to the right, through a central angle of 06" 04' 02" and an arc length of 48.71 feet, to a 112 inch iron rod set for corner; THENCE, South 18° 49'33" West, a distance of 178.39 feet, to a 1/2 inch iron rod setfor corner and beginning of a curve to the right, said curve having a radius of 890.00 feet and a chord bearing South 22° 41' 33" West, a distance of 120.04 feet; THENCE, along said curve to the right, through a central angle of 071, 44' 00" and an arc length of 120.13 feet, to a 1/2 inch iron rod set for corner; THENCE, South 600 27' 51" East, a distance of 362.31 feet, to a 1/2 inch iron rod set for corner; THENCE, South 890 35' 09" East, a distance of 485.00 feet, to a 1/2 inch iron rod set for corner in the westerly right-of-way line of T.W. KING ROAD, (variable width right-of- way); THENCE, along said westerly right-of-way line of T.W. KING ROAD, (variable width right-of-way), South 00° 17' 02" West, a distance of 305.12 feet, to a P.K. Nail found for corner; PD -25 2 THENCE, departing said westerly right-of-way line of T.W. King Road, (variable width right-of-way), North 89° 39' 52" West, a distance of 196.53 feet , to a 1/2 inch iron rod set for corner; THENCE, South 630 16' 37" West, a distance of 76.33 feet, to a 518 inch iron rod with cap marked SEMPCO SURVEYING, found for corner; THENCE, South 530 27'47" West, a distance of 137.48 feet, to a 112 inch iron rod set for corner; THENCE, West, a distance of 458.63 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds, 16.515 acres or 719,462 square feet of land, more or less. PD -25 3 DEVELOPMENT STANDARDS TROPHY WOOD CENTER TROPHY CLUB, TEXAS The development of the Land described in Exhibit "A" — Legal Description (a copy of which is attached hereto and incorporated herein) consisting of approximately 16.5 acres of land shall be in accordance with Exhibit `B" — Concept Pian of the development (a copy of which is attached hereto and incorporated herein), all other Exhibits attached to or incorporated herein, the Comprehensive Zoning Ordinance, all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purpose: This Planned Development is designed to accommodate a variety of retail and commercial uses. For development purposes, the Land is divided into nine tracts (Tracts 1-9 as shown on Exhibit "B"), and the use and development of each of the tracts shall be in accordance with the following: 1. Tracts 1-9 as depicted in Exhibit "B°): The following standards shall apply to Tracts 1-9: a. Size of Tracts: Tract 1 shall contain approximately 1.1 acres of land Tract 2 shall contain approximately 0.9 acres of land Tract 3 shall contain approximately 1.55 acres of land Tract 4 shall contain approximately 1.5 acres of land Tract 5 shall contain approximately 2.0 acres of land Tract 6 shall contain approximately 1.0 acres of land Tract 7 shall contain approximately 1.8 acres of land Tract 8 shall contain approximately 2.2 acres of land Tract 9 shall contain approximately 2.8 acres of land Trophy Wood Drive shall contain approximately 1.6 acres of land b. Uses Generally: In the development and use of Tract 1-9, no land shall be used and no building or structure shall be installed, erected, or converted to any use other than the following: C. Permitted Uses: (1) Tract 1-5 and 7-9 shall allow all uses indicated in the Use List (2) Tract 6 shall allow all uses indicated with an asterisk (*). PD -25 Use List *Accounting Office *Administrative, Executive, Editorial Office *Architectural, Engineering, Planning Office Art Studio Art Supply Store Arts, Crafts, Hobby Shops *Attorney's Office Audio, Video, Stereo Sales (no arcade games or adult rentals) Bakery Shop Bank Building and Drive-Thru *Barber, Beauty, Styling Shops Bath Shop Bicycle Shop Book Stores Cameras / Film Processing Store Car Accessories Sales Cards and Gift Sales Children's Wear Shop China and Glassware Sales Computer / Software Sales and Service Confectionary Shop Cosmetic / Beauty Supply Shop Curtain and Drapes Shop Dairy Food Shop Dance Studio Drug Store, Apothecary, Pharmacy Dry Cleaner, Pick up and Drop Off Dry Cleaning Plant Duplication and Mailing Service Electrical Goods and Fixtures Fabric and Knitting Shop Floor Coverings Shops Florist Food Service Formal Wear/Rental Store Furniture Sales Grocery Store Hardware Store *Health, Athletic Shops Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop *Insurance Office Jewelry, Watch Store Juice Store PD -25 2 Kitchen Store Lamp Sales Laundry and Dry Cleaning (on-site dry cleaning facility limited to Exxon DF -2000 or equivalent.) This facility shall not provide equipment or services for another laundry or dry cleaning location Luggage and Leather Sales Mailing and Packaging/Post Office "Massage Shop *Medical, Dental, Chiropractic, Optometry, etc. Men's Wear Shop Music Store Nail Salon Newspaper/Magazine Sales Office Supplies Store Party Supplies Store Pawn Shop *Personal / Family Counselor Pharmacy Photographic Service Studio *Physician and/ or Dentist Picture Framing Store Printing, Publishing, Engraving *Public Secretary *Real Estate Office Restaurant Restaurant, Drive -In Restaurant, with Alcoholic Beverage Sales Shoe Repair Shop Shoe Store Sporting Goods Store Sports Bar Stationery -Schaal Supplies Sales Tailor Shop Telephone Store Tobacco Sales Toys Store *Travel Bureau or Agency Wallpaper, Paint Store Wearing Apparel Shop *Weight Reduction Studio Women's Ready-To-Wear/Women's Specialty Shop (3) Tracts 5, 7 and 9 shall allow hotel uses, either full-service or limited stay facilities. Limited stay facilities shall not require facilities for meetings, conferences or full service dining. d. Limitation of Uses: Any use not expressly permitted herein or allowed by permit in the designated zoning district is prohibited. e. Area Building and Site Regulations: (1) Maximum Building Coverage: The combined area of all main and accessory buildings shall not exceed sixty percent (60%) of the total site area. (2) Maximum Impervious Area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total site area. (3) Minimum Open Spaces: All areas (but in any event at least twenty percent [20%] of the total site area) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (4) Depth of Front Yard*: There shall be a front yard having a depth of not less than thirty feet (30'). (5) Depth of Rear Yard*: There shall be a rear yard having a depth of not less than ten feet (10'). Tract 6 shall have a thirty-foot (30') rear yard adjacent to residentially zoned land. (6) Width of Side Yard on each Side: A minimum of a ten foot (10') side yard shall be required. (7) Height: With the exception of hotels, no building or structure shall exceed forty feet (40') in height or two (2) stories maximum. Any structure adjoining or contiguous to a residentially zoned district shall not exceed twenty-eight feet (28') or one (1) story in height. Hotels shall not exceed sixty- five feet (65') or four (4) stories in height. Building and/or structure heights shall be measured from the adjacent finished sidewalk elevation. *All yards shall comply with Section 37, "Required Yards," of the Comprehensive Zoning Ordinance. f. Parking & Loading Regulations: The minimum number of off-street parking spaces shall comply with Section 48 of the Comprehensive PD -25 3 Zoning Ordinance. Off-street loading shall be in accordance with Section 49, "Off -Street Loading Requirements," of the same. Hotel uses shall provide a minimum of one (1) parking space for each room. Other uses within the hotel shall provide parking in compliance with Section 48. Handicapped parking, including van accessible spaces, shall be provided according to Town standards. B. Additional Development Standards: 1. Landscaping Landscaping shall be provided as required by applicable ordinances, including but not limited to the Comprehensive Zoning Ordinance as amended, Section 47, Landscaping Regulations, and Article 8 of the Subdivision Regulations, except as specifically provided below: a. Hedges and/or berming shall be utilized along street frontages, when possible, to screen parking from public view. b. All landscaping areas shall be irrigated. c. Landscaping shall be maintained by the developer/owner of the land. Any dead landscaping material shall be removed and replaced within forty-five (45) days. d. All plant materials must be selected from the mandatory plant list which shall be in accordance with the Approved Tree Planting List, as outlined in Article 8 of the Subdivision Regulations. The Landscape Plan & Plant List shall be submitted for Town approval in the form of an ordinance amendment at a later date. e. A minimum landscape strip of fifteen feet (15') shall be provided along State Highway 114 and fifteen feet (15') along Trophy Wood Drive and ten feet (10') along all common driveways. f. The initial stage of development, site landscaping shall be installed in the right-of-way of Trophy Wood Drive. (1) Landscaping shall consist of live tree planting consisting of three inch (3") caliper trees planted a maximum of fifteen feet (15') on center. Trees shall include a variety providing rapid growth and dense foliage, as well as evergreen type trees such as Live Oaks, which bear leaves all year round. (2) Maintenance of the median landscaping at this location shall be the responsibility of the developer/owner for a period of twelve (12) months from the completion of the planting. The Town of Trophy Club shall assume and care after twelve PD -25 4 (12) months. The irrigation for the off-site landscaping shall, after the initial installation, be the responsibility of the Town of Trophy Club. g. The caliper of a tree is defined as the diameter of the tree trunk as measured at the point twelve inches (12") above the finished grade in accordance with standard nursery practice. h. Tree preservation shall be in accordance with applicable ordinances, including but not limited to Section 47 of the Comprehensive Zoning Ordinance and Article 8 of the Subdivision Regulations. (1) Landscaping adjacent to residentially zoned land shall contain evergreen shade trees to provide adequate screening year-round. Detailed Landscape Plans, sealed by a registered landscape architect shall be provided on each tract at the time of the Final Site Plan submittal, which shall require Town Council approval upon recommendation by the Planning & Zoning Commission, following appropriate publication and notification of affected parties. 2. Hours of Operation of Uses: Hours of operation for the retail and restaurant uses set forth herein shall be from 6:00 am to 2:00 am. Hotel uses shall operate twenty-four (24) hours per day. Normal business hours for office uses shall be 7:00 am to 10:00 pm. No outside sales of any kind shall be conducted, including but not limited to, truck lot, pedestrian walkway, tent or other sales. 3. Building_ Materials:, All main and accessory buildings shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of natural or manufactured stone, concrete, brick, stucco, split face concrete block or other material of equal characteristics in accordance with the Town's Building Codes and Fire Codes. All buildings and structures shall be veneered with stone and shall have a dull finish metal type roof and EIFS trim. Alternate materials may be used if approved by the Planning & Zoning Commission. Color selection for roof material shall be approved by the Town Council upon recommendation from the Planning and Zoning Commission prior to issuance of building permits. 4. Lighting: All parking lot lighting shall be located approximately as shown on the Final Site Plan. Lighting fixtures shall be a maximum total height of PD -25 5 twenty-five feet (25') on twenty-four inch (24") concrete bases. Ornamental street lights at the perimeter drive approaches shall have lighting fixtures mounted on twelve foot (12') poles or two foot (2') concrete bases and shall not exceed a maximum height of fourteen feet (14'). Total height of lighting fixtures shall be measured from the adjacent ground. All lighting shall be oriented down and away from all adjacent properties. Building lighting shall be mounted to the building face or in ground fixtures and shall be oriented as to wash the building with light. Wall mounted down directional lights will be on the rear of buildings and perimeter light will be shielded to minimize overspill. Perimeter lighting shall be designed to reflect away from adjacent residential areas. Foot- candle limitations at residential property lines and right-of-way lines should not exceed 0.1 foot candle. Foot-candles on site shall average 2.5 foot- candle and not exceed 8.0 foot-candle. A photometric plan shall be included with the Final Site Plan. 5. Screening & Fencing: Fencing adjacent to residentially zoned land shall provide brick veneer columns on eight -foot (8') high wood panels of sealed cedar or redwood. 6. _Signage: Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the Final Site Plan for the Land must be approved by the Town Council upon recommendation from the Planning & Zoning Commission. Additionally, written signage standards shall be approved by the Town Council upon recommendation of the Planning & Zoning Commission at a later date, in the form of an amendment to this Ordinance. 7. Fire Lanes: Fire lanes will be shown on the Final Site Plan. Location and details shall be provided at the time of the Final Site Plan submittal and shall be approved by the fire department. 8. Final Site Plan: The Final Site Plan shall be submitted to the Planning & Zoning Commission and Town Council for approval. Such approval shall be in the form of an ordinance duly adopted by the Town Council, upon recommendation from the Planning & Zoning Commission. Upon approval, the Final Site Plan shall become an amendment to this Ordinance. In the event of any conflicts between this ordinance and such approved Final Site Plan, the Ordinance adopting the Approved Final Site Plan shall control. 9. Outdoor Storage: No outdoor storage, except for refuse disposal, shall be permitted on the land. Dumpster location shall be subject to the prior approval of the Planning & Zoning Commission. Dumpsters are to be enclosed on all sides with masonry walls and gates of a similar PD -25 6 architectural style of the buildings. Minimum height of the enclosures shall be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy Club standards. 10. Mechanical & Electrical Eguipment• Mechanical and electrical equipment, including air conditioning units, shall be designed, installed, and operated to minimize noise impact on surrounding property. All such screening shall be screened from public view. Equipment screening shall not be considered as a part of building height. 11. Amendments to the Site Plan: Amendments to the Site Plan for items that are not determined to be substantial by the Planning & Zoning Administrator shall be permitted. The Planning & Zoning Administrator shall determine items as not substantial. 12. Notwithstanding any contrary provision in the Ordinance or any exhibits hereto, the final approvals listed below must be obtained from the Town prior to the issuance of any building permits. Such approvals must be made by an Ordinance amending this Ordinance creating PD Planned Development No. 25: a. Final Site Plan approval, including but not limited to Landscape Plan and Plat List b. Building Elevations C. Sight Line Studies d. Civil Site Plan e. Photometric Plan & Light Fixtures Illustrations Sign Criteria g. Retaining Wall and Fence Criteria; and h. Development Schedule PD -25 7